[Ord. No. 2480, 5-8-2023]
A.
Whenever it is found that the land included in a subdivision plat
presented for approval is of such size or shape or is subject to or
is affected by topographical location or conditions, or is to be devoted
to such usage that full conformity to the provisions of these regulations
is impossible or impractical, the Planning Commission may recommend
to the Governing Body, by letter of transmittal, authorization of
variances or exceptions in the final plat so that substantial justice
may be done and the public interest secured. In recommending such
variances or exceptions, the Planning Commission shall find the following:
1.
That there are special circumstances or conditions affecting
the property.
2.
That the variances or exceptions are necessary for the reasonable
and acceptable development of the property in question.
3.
That the granting of the variances or exceptions will not be
detrimental to the public welfare or injurious to other property in
the vicinity in which the property is situated.
4.
Such request for variance shall be approved or disapproved by
the Governing Body after its consideration of the recommendation of
the Planning Commission. The decision of the Governing Body shall
be transmitted in writing to the subdivider and the Planning Commission.
[Ord. No. 2480, 5-8-2023]
The subdivider may appeal decisions made in the enforcement
and administration of these Regulations by the engineer to the Planning
Commission, and by the Planning Commission to the Governing Body.
The decision of the Governing Body shall be final and shall be made
in writing and transmitted to the subdivider and Planning Commission.
[Ord. No. 2480, 5-8-2023]
Any waiver of the required improvements shall be only by the
Governing Body on a showing that such improvement is technically not
feasible.
